or textile fabrics, such woven fabrics being or coming within the description technically called furnitures, and the repeat of the design whereof shall be more than twelve inches by eight inches : Class 12.-Woven fabrics, not comprised in any preceding class: Class 13.-Lace, and any article of manufacture or substance not comprised in any preceding class." Class 14.-(6 & 7 Vict. c. 65) "Any article of manufacture having reference to some purpose of utility, so far as such design shall be for the shape or configuration of such article, and that whether it be for the whole of such shape and configuration or only for a part thereof." Designs for sculpture are expressly excluded, being regulated by separate acts. (See p. 70.) Registration. The acts provide a system for registering designs, under the control of a registrar appointed by the Board of Trade. The registrar is, in the cases under the act of 5 & 6 Vict., to receive two drawings or prints of each design, with a note of the class of copyright claimed for it, and of the name and designation of the individual or firm claiming the privilege. These duplicates are to be each marked by him with a serial mark, and one of them being returned, the other is filed in the office (§§ 14, 15). The copy returned is accompanied by a certificate from the registrar, which is evidence of the following facts:-The design, and the proprietor's name and proprietorship; the commencement of the copyright; the originality of the design; and the fact of the rules of the act being complied with (§ 16). The registration is essential to the existence of the copyright. All the articles on which the design is used must have on them the letters Rd, with the registrar's serial mark,- -on the edge, if the article be a woven fabric, and in any convenient place if it be not, the mark being either impressed on the fabric or attached to it by a label (§ 4). In the cases in class 14, two precisely similar drawings or prints of the design must be delivered to the registrar, with an intelligible description in writing, the title of the design, the name of every proprietor, either as individuals or companies, with their places of abode or business, or their other places of address. The representation, the description, the title, &c., as above, must all appear on the face of one sheet not exceeding in size 24 inches by 15, with a blank space of 6 inches by 4 for the certificate. The picture must be accurately proportioned, and the description must distinguish any parts that are not original. The copies are numbered according to succession in the register; and one of them being retained, the other is returned,-6 & 7 Vict. c. 65, § 8. The right to the privilege is a right of property, which may be sold or disposed of in ordinary commerce. The inventor of the design is the proprietor, unless he have been employed to execute it, in which case the employer is proprietor (5 & 6 Vict. § 5). There are forms in the act of 5 & 6 Vict. for the transfer of designs, so that, on the presentation of the act of transfer, the registration may be altered to suit the change of property; and there is a form by which the registrar may be required, on satisfactory evidence being adduced, to alter the registration of proprietorship where it has changed hands otherwise than by sale (§ 6). In respect to the act of 5 & 6 Vict., registered designs, of which the copyright has expired, may be inspected by any one paying the usual fee. No copyright design, however, is inspectable on the register, "except by a proprietor of such design, or by any person authorized by him in writing, or by any person specially authorized by the registrar, and then only in the presence of such registrar, or in the presence of some person holding an appointment under this act, and not so as to take a copy of any such design or of any part thereof" (§ 17). In respect to the subsequent act of 6 & 7 Vict. c. 65, the index and the designs are open to general inspection, unless in the case of ornamental designs. No design, however, of which the copyright is unexpired can be inspected, unless in the company of an officer acting under the act, and in such a manner as to preclude a copy being taken (§ 10). The registrar may refuse to register a design which he thinks contrary to public morality or order, or which is intended only for a label or covering (§ 9). By 6 & 7 Vict. c. 72, a stamp-duty of £5 is imposed on all designs registered under the act 6 & 7 Vict. c. 65. The remedies for piracy of designs will be found under the head of Remedies for Civil Injuries. 9 CHAPTER VII. PATENTS. SECT. 1.-Nature and Process of obtaining. Nature.-A PATENT is a privilege granted to the inventor of some new "manufacture," or vendible commodity, giving him for a certain limited period a monopoly in the invention, so that none but he, or those authorized by him, can prepare it for sale. The power of granting patents is part of the royal prerogative. In England it was retained when the power of the crown to grant monopolies in other cases was abolished by act of parliament, and the practice, as it was followed in that part of the country, seems to have been tacitly adopted with regard to Scotland. By the original act the period beyond which the crown cannot grant the privilege is fourteen years; but by late acts a patent may be prolonged on special application.2 (See p. 81.) 1 Procedure.-A patent being in the eye of the law an act of grace on the part of the crown, the procedure commences with a petition from the inventor, narrating that what he has invented has never before been used, and that he believes it will be of general benefit and advantage.3 He then prays for the usual privilege of " the sole working, constructing, making, selling, using, and exercising of the said invention,' specifying the parts of the kingdom to which he wishes the patent to extend. The petition must be accompanied by a declaration of its truth.5 On being presented at the Home Office it is referred to the law-officers of the crown for that division of the empire for which the patent is desired (viz. in Scotland to the Lord Advocate), and consequently, if a patent is desired for each of the three kingdoms, the petition will be referred to the law-officers of each, who generally report in its favour as a matter of form, unless a 'Caveat' have been entered. Since the reign of Queen Anne it has been usual to insert a provision that the patent should only be granted if the petitioner shall lodge a Specification or description of 121 J. I. c. 3.- 5 & 6 Wm. IV. c. 83. 7 & 8 Vict. c. 69.- Godson on Patents and Copyright, 170. Holroyd on Patents, 64. Webster on Holroyd, 64. 5 & 6 Wm. IV. the nature of the invention. (See below, p. 86.) After some farther official procedure, which varies according to the division of the kingdom for which the patent is taken out, the great seal is appended under the sanction of the sign manual. One patent will serve (if specially desired) for England and the colonies.3 The patent states a time within which the "Specification" must be lodged. The English authorities state two months as the period when the patent is for England only, four months if it be for England and Scotland, and six months if it be for the United Kingdom.* The expense of obtaining a patent for Scotland is estimated at £100, for England at £120, and for Ireland at £125, or upwards.5 SECT. 2.-Caveat. If any one is in the course of making a useful discovery, but has not completed it so far as to be able to lodge a full specification of its nature, while he at the same time fears that his discovery may find its way to others, or be anticipated before he is ready to apply for a patent, he may lodge a Caveat' with the law-officers of the crown. 6 This document is simply a request that notice may be given to the person who enters it, if any application should be made for a patent on the subject of an invention which he describes in general terms. The use of a caveat is chiefly to be found in those cases where the inventor perceives his discovery in theory, but before he is prepared to take out a patent, wishes to have it reduced to experiment, and cannot do so without employing workmen, by whom the secret may be communicated. It has to be observed that the lodger of the caveat acquires no monopoly or exclusive right against the public by his caveat. He cannot prevent any person from making and vending the object of it. Its sole effect is against any other person's right to obtain a patent for the invention. If any person therefore makes and vends the commodity in the mean time, the caveat becomes useless, for neither the inventor nor any other person can obtain a patent.R 8 When a caveat has been lodged, if any person applies for a patent relating to the same subject, the lodger receives notice, and has seven days for deciding whether he shall oppose the application. If he oppose, both parties are heard by the law-officer of the crown. If the inventions are differ 1 Godson, App.- Ibid. 177.-3 Ibid. 170.- Carpmael on Patents, 62.5 Report of Select Committee on Patents, 12th June 1829, p. 17.- Godson, 180. Webster, 69.-7 Carpmael, 32. Webster, 69.- Ibid. 33. ent, each may obtain a patent. If both have made the same invention, neither can obtain one.1 If the one has borrowed from the other, however, the original inventor will undoubtedly be entitled to the patent.2 The parties are heard separately, so that the pleading of the one may not be the means of communicating information to the other.3 It sometimes happens that a preference is thus competed for by several parties. A caveat expires in a year, but may be renewed.4 SECT. 3.-Prolongation of Patent. The prolongation of a patent for seven years, after the expiry of the original fourteen, may be granted in terms of late acts. The applicant publishes his intention to apply for the prolongation to her majesty in council, by advertisement thrice in the London Gazette, in three London papers, and thrice in some country paper in the town or county where his manufacture is carried on, or (if he carry on none) where he resides. He then petitions the Council. Any person may lodge a Caveat against the prolongation, and the Judicial Committee of the Council, hearing all parties who so appear, and examining witnesses, report whether it should be granted or not. It was originally provided that these proceedings must be followed out before the original period of fourteen years expired; but by a later statute the prolongation may be granted though the proceedings have not been completed, if the delay be not occasioned by the neglect or default of the petitioner.6 By a later act arrangements are made for still farther extending the duration of patents. The holder of a patent, whether the original patentee or an assignee, may present a petition to the queen in council, setting forth that the cost and labour of the invention will not be compensated by the original period of the patent, or the seven years' extension under the act of William IV., and praying for an extension beyond seven years. The application is reported on by the Judicial committee of the privy council, who may adopt such a period of extension, not exceeding on the whole fourteen years, as they may consider just.7 Carpmael, 32.- Godson, 145.-3 Carpmael, 32.- Godson, 181.— $5 & 6 Wm. IV. c. 83, § 4. Webster, 96.- 2 & 3 Vict. c. 67.—7 7 & 8 Vict. c. 69, §§ 2, 3, 4. D 2 |